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Hello all, I spent a long time Googling before I came across this forum and I'm hoping you can help me!
The situation is this:
1. In December 2009, my wife bought an iPhone online from Orange.
2. In May 2011, it started going wrong so my wife took it to the Apple Store to be looked at.
3. They claimed that the phone was out of warranty (true) and showed signs of water damage so must have had something spilt on it (not true).
4. After a fair bit of discussion it became apparent that the only way we would be going home that day with a functioning phone was to pay £139 for a repair (which actually took the form of a replacement), so this is what we did.
As I see it, the phone was not sufficiently durable (as per Sale of Goods Act) as any moisture it was exposed to could only have come about as part of normal usage (humid countries, held whilst jogging, incidental raindrops, etc). The fact that it's out of warranty has no bearing on this. So I want my money back!
If my wife had bought the iPhone from the Apple Store then I'd just go after them -- sue them for breach of contract under the Sale of Good Acts if need be. But she bought the phone from Orange on a 24 month contract, so I don't think Apple are even a party to the contract. Or are they?
Basically, I'm confused as I don't know who I should be pursuing in the hope of getting my money back.
Any advice very much appreciated!
Thanks.
The situation is this:
1. In December 2009, my wife bought an iPhone online from Orange.
2. In May 2011, it started going wrong so my wife took it to the Apple Store to be looked at.
3. They claimed that the phone was out of warranty (true) and showed signs of water damage so must have had something spilt on it (not true).
4. After a fair bit of discussion it became apparent that the only way we would be going home that day with a functioning phone was to pay £139 for a repair (which actually took the form of a replacement), so this is what we did.
As I see it, the phone was not sufficiently durable (as per Sale of Goods Act) as any moisture it was exposed to could only have come about as part of normal usage (humid countries, held whilst jogging, incidental raindrops, etc). The fact that it's out of warranty has no bearing on this. So I want my money back!
If my wife had bought the iPhone from the Apple Store then I'd just go after them -- sue them for breach of contract under the Sale of Good Acts if need be. But she bought the phone from Orange on a 24 month contract, so I don't think Apple are even a party to the contract. Or are they?
Basically, I'm confused as I don't know who I should be pursuing in the hope of getting my money back.
Any advice very much appreciated!
Thanks.
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